Search Results for "Co-operative Housing Society"

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Bombay High Court on Slum Evictions: Contractual Disputes to Be Raised Separately

The Petitioner filed a writ petition challenging eviction orders passed by the Slum Rehabilitation Authority and the Apex Grievance Redressal Committe...

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Supreme Court Quashes Unilateral Assignment of Leasehold Rights – Res Judicata Bars Fresh Application Without Resolving Legal Complications. Finality of Quasi-Judicial Orders Upheld – Liberty to Reapply Only After Civil Court Resolution

Res Judicata Applicability – Principles of res judicata apply to quasi-judicial authorities. A Competent Authority’s findings bind parties unle...

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High Court of Bombay Dismisses Interim Application, Holds Limitation and Due Diligence as Key Issues in Share Recovery Suit. Summary Judgment Denied in Share Dispute Due to Limitation and Need for Oral Evidence

Summary Judgment under Order XIII-A of the CPC: The Court held that a summary judgment can only be granted if the Defendant has no real prospect of d...

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Arbitration Petition Dismissed: No Binding Amendment to Development Agreement Established. Court Holds No Consensus Ad Idem on Essential Terms of Amendment – Section 37 of the Arbitration and Conciliation Act, 1996 Invoked

Binding Amendment Requires Consensus on Essential Terms: – For a binding amendment to a development agreement, the parties must reach consensus ad...

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Counter-Claim Application Filed at a Belated Stage Rejected — Application for Counter-Claim After Framing of Issues and Recording of Evidence Not Permissible — Exceptional Circumstances Not Established

Counter-claims must generally be filed before the framing of issues; exceptional circumstances allowing later filing were absent in this case. Judici...

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Removal of Managing Committee Members Under Section 78A of the Maharashtra Co-operative Societies Act, 1960 – Validity of Membership and Jurisdiction of Registrar

Court Upholds Removal of Committee Members Without Ownership of Flats in Society’s Building – Developer’s Dual Role Under Scrutiny The Court up...

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Grant of Deemed Conveyance: Upholding Rights of Housing Societies Despite Unlawful Construction. Balancing flat purchasers' statutory rights with developers' non-compliance under the Maharashtra Ownership of Flats Act (MOFA).

The Bombay High Court addresses the pivotal issue of whether an illegal or unauthorized building structure impairs a cooperative housing society's sta...

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"Deemed Conveyance under MOFA: High Court Upholds Societal Rights, Dismisses Ownership Disputes" "Statutory obligations outweigh title conflicts in securing housing societies' rights."

The Bombay High Court dealt with the challenge against the denial of deemed conveyance under Section 11(3) of the Maharashtra Ownership of Flats Act (...

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High Court Quashes Deficit Stamp Duty Demand on Deemed Conveyance After 20-Year Delay. Maharashtra Co-operative Housing Society Succeeds in Writ Petition; Stamp Duty Demand Set Aside

The judgment emphasized that demands for deficit stamp duty are subject to a statutory time limitation under Section 53A of the Maharashtra Stamp Act....